R. PRASAD AND ORS. Vs. GOVT. OF N.C.T. OF DELHI AND ORS.
HIGH COURT OF DELHI
R. Prasad And Ors.
Govt. Of N.C.T. Of Delhi And Ors.
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VIKRAMAJIT SEN, J. -
(1.) THE prayer in these Writ Petitions is for issuance of an appropriate writ or direction quashing the impugned order dated 24.4.2006 passed by the Land Acquisition Collector, who had declined to make a Reference for enhancement of compensation under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act') on the ground that the applications were time barred. The second prayer is for issuance of writ or order in the nature of mandamus directing the Land Acquisition Collector to refer the dispute with respect to enhancement of compensation under Section 18 of the Act to the court of the Additional District Judge.
(2.) THE Award in this case was pronounced on 30.6.2004 in the presence of the Association, namely, Indraprakash Apartment Occupants Association (hereinafter referred to as 'the Association') of which the present petitioners were parties.
After the passing of the Award the Association addressed the letter dated 14.7.2004 to the Land Acquisition Collector which reads as follows: July 14, 2004 Land Acquisition Collector New Delhi District 12/1, Jamnagar House New Delhi Sub: Acquisition of Land for DMRC of Indraprakash Building, 21, Barakhamba Road, Indraprakash Building, New Delhi -110001. Dear Sir, I received your Notice No. F 9(1)/LA/ND/CP/2003/2422 dated 25/06/04 as Secretary of Indraprakash Apartment Occupants Association regarding personal presence of interested parties for announcement of the award of our land acquired for DMRC. Similar notices were also received by several flat owners of Indraprakash Building who have filed individual claims for compensation. I Along with a number of flat owners and office bearers of the Association were present in your office on 30th June '04 when you announced the said award. In this connection, we have to state as under: 1) That the land on which the building Indraprakash has been constructed originally belong to Shri Jagmohan Kapur, Shri Joginder Kapur, Shri Shiv Kapur etc. 2) That Shri Jagmohan Kapur and others entered into an agreement with M/s Ansal for constructing the Indraprakash Building and shared the build up area. Kapurs and Ansals retained some of the flats and sold the rest to different people.
(3.) That the present flat owners purchased the flats in the Indraprakash Building and have acquired ownership rights in the building and the adjoining land etc. for valuable consideration under the Transfer of Property Act.
That the total land of 21 Barakhamba Road is part and parcel of the Indraprakash Building and each flat owner holds a proportionate share in the land of the building. Thus, the total land of 21 Indraprakash Building is jointly owned by all the flat owners including Ansals and Kapurs in respect and in proportion of the flats retained by them proportionately.;
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